CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 156
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Rossin moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 17, between lines 24 and 25,
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16 insert:
17 Section 4. Paragraph (c) of subsection (1) of section
18 20.316, Florida Statutes, is amended, and subsection (7) is
19 added to that section, to read:
20 20.316 Department of Juvenile Justice.--There is
21 created a Department of Juvenile Justice.
22 (1) SECRETARY OF JUVENILE JUSTICE.--
23 (c) The Secretary of Juvenile Justice shall:
24 1. Ensure that juvenile justice continuum programs and
25 services are implemented according to legislative intent;
26 state and federal laws, rules, and regulations; statewide
27 program standards; and performance objectives by reviewing and
28 monitoring regional and district program operations and
29 providing technical assistance to those programs.
30 2. Identify the need for and recommend the funding and
31 implementation of an appropriate mix of programs and services
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Amendment No.
1 within the juvenile justice continuum, including prevention,
2 diversion, nonresidential and residential commitment programs,
3 training schools, and reentry and aftercare programs and
4 services, with an overlay of educational, vocational, alcohol,
5 drug abuse, and mental health services where appropriate.
6 3. Provide for program research, development, and
7 planning.
8 4. Develop staffing and workload standards and
9 coordinate staff development and training.
10 5. Develop budget and resource allocation
11 methodologies and strategies.
12 6. Establish program policies and rules and ensure
13 that those policies and rules encourage cooperation,
14 collaboration, and information sharing with community partners
15 in the juvenile justice system to the extent authorized by
16 law.
17 7. Develop funding sources external to state
18 government.
19 8. Obtain, approve, monitor, and coordinate research
20 and program development grants.
21 9. Enter into performance-based contracts that are, to
22 the maximum extent possible, procured competitively.
23 (7) CONTRACTING AND PERFORMANCE STANDARDS.--
24 (a) The Department of Juvenile Justice will establish
25 performance standards for all contracted client services.
26 Notwithstanding s. 287.057(3)(f), the department must
27 competitively procure any contract for client services when
28 any of the following occurs:
29 1. The provider fails to meet appropriate performance
30 standards established by the department after the provider has
31 been given a reasonable opportunity to achieve the established
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1 standards.
2 2. A new program or service has been authorized and
3 funded by the Legislature, and the annual value of the
4 contract for such program or service is $300,000 or more.
5 3. The department has concluded, after reviewing
6 market prices and available treatment options, that there is
7 evidence that the department can improve the performance
8 outcomes produced by its contract resources. At a minimum, the
9 department shall review market prices and available treatment
10 options biennially. The department shall compile the results
11 of the biennial review and include the results in its annual
12 performance report to the Legislature pursuant to chapter
13 94-249, Laws of Florida. The department shall provide notice
14 and an opportunity for public comment on its review of market
15 prices and available treatment options.
16 (b) The competitive requirements of paragraph (a) must
17 be initiated for each contract that meets the criteria of this
18 subsection, unless the secretary makes a written determination
19 that particular facts and circumstances require deferral of
20 the competitive process. Facts and circumstances must be
21 specifically described for each individual contract proposed
22 for deferral and must include one or more of the following:
23 1. An immediate threat to the health, safety, or
24 welfare of the department's clients.
25 2. A threat to appropriate use or disposition of
26 facilities that have been financed in whole, or in substantial
27 part, through contracts or agreements with a state agency.
28 3. A threat to the service infrastructure of a
29 community which could endanger the well-being of the
30 department's clients.
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1 Competitive procurement of client services contracts that meet
2 the criteria in paragraph (a) may not be deferred for longer
3 than 1 year.
4 (c) The department may adopt rules providing
5 procedures for the competitive procurement of contracted
6 client services which represent an alternative to the
7 request-for-proposal or the invitation-to-bid process. The
8 alternative competitive procedures shall permit the department
9 to solicit professional qualifications from prospective
10 providers and to evaluate such statements of qualification
11 before requesting service proposals. The department may limit
12 the firms invited to submit service proposals to only those
13 firms that have demonstrated the highest level of professional
14 capability to provide the services under consideration, but
15 may not invite fewer than three firms to submit service
16 proposals, unless fewer then three firms submitted
17 satisfactory statements of qualification. The alternative
18 procedures must, at a minimum, allow the department to
19 evaluate competing proposals and select the proposal that
20 provides the greatest benefit to the state while considering
21 the quality of the services, dependability and integrity of
22 the provider, dependability of the provider's services, the
23 experience of the provider in serving target populations or
24 client groups substantially identical to members of the target
25 population for the contract in question, and the ability of
26 the provider to secure local funds to support the delivery of
27 services, including, but not limited to, funds derived from
28 local governments. These alternative procedures need not
29 conform to the requirements of s. 287.057(1) or (2) or s.
30 287.042.
31 (d) The department shall review the period for which
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1 it executes contracts and, to the greatest extent practicable,
2 shall execute multi-year contracts.
3 (e) If other governmental entities or units of special
4 purpose government contribute matching funds to the support of
5 a given system of treatment or service, the department shall
6 formally request information from those funding entities in
7 the procurement process and shall take the information
8 received from those funding entities into account in the
9 selection process. The department may also involve
10 nongovernmental funding entities in the procurement process
11 when appropriate.
12 (f) The department shall adopt, by rule, provisions
13 for including in its contracts incremental penalties to be
14 imposed by its contract managers on a service provider due to
15 the provider's failure to comply with a requirement for
16 corrective action. Any financial penalty that is imposed upon
17 a provider may not be paid from funds being used to provide
18 services to clients, and the provider may not reduce the
19 amount of services being delivered to clients as a method for
20 offsetting the impact of the penalty. If a financial penalty
21 is imposed upon a provider that is a corporation, the
22 department shall notify, at a minimum, the board of directors
23 of the corporation. The department may notify, at its
24 discretion, any additional parties that the department
25 believes may be helpful in obtaining the corrective action
26 that is being sought. Further, the rules adopted by the
27 department must include provisions that permit the department
28 to deduct the financial penalties from funds that would
29 otherwise be due to the provider, not to exceed 10 percent of
30 the amount that otherwise would be due to the provider for the
31 period of noncompliance. If the department imposes a financial
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1 penalty, it shall advise the provider in writing of the cause
2 for the penalty. A failure to include such deductions in a
3 request for payment constitutes a ground for the department to
4 reject that request for payment. The additional remedies
5 described in this paragraph may be cumulative and may be
6 assessed upon each separate failure to comply with
7 instructions from the department to complete corrective
8 action.
9 (g) If a provider fails to meet the performance
10 standards established in the contract, the department may
11 allow a reasonable period for the provider to correct
12 performance deficiencies. If performance deficiencies are not
13 resolved to the satisfaction of the department within the
14 prescribed time, and if no extenuating circumstances can be
15 documented by the provider to the department's satisfaction,
16 the department must cancel the contract with the provider. The
17 department may not enter into a new contract with that same
18 provider for the services for which the contract was
19 previously canceled for a period of at least 24 months after
20 the date of cancellation.
21 (h) The department shall develop standards of conduct
22 and a range of disciplinary actions for its employees which
23 are specifically related to carrying out contracting
24 responsibilities, and shall incorporate the standards and
25 disciplinary actions in its Employee Handbook by December 31,
26 1998.
27 (i) The department shall include in its standard
28 contract document a requirement that it file a lien against
29 the property where facilities are located which have been
30 constructed or substantially renovated, in whole or in part,
31 through the use of state funds. However, the department is not
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1 required to file a lien if the amount of state funds does not
2 exceed $25,000 or 10 percent of the contract amount, whichever
3 amount is less. The lien must be recorded in the county where
4 the property is located upon the execution of the contract
5 authorizing such construction or renovation. The lien must
6 specify that the department has a financial interest in the
7 property equal to the pro rata portion of the state's original
8 investment of the then-fair-market value for renovations, or
9 the proportionate share of the cost of the construction. The
10 lien must also specify that the department's interest is
11 proportionately reduced and subsequently vacated over a
12 20-year period of depreciation. The contract must include a
13 provision that, as a condition of receipt of state funding for
14 this purpose, the provider agrees that, if it disposes of the
15 property before the department's interest is vacated, the
16 provider will refund the proportionate share of the state's
17 initial investment, as adjusted by depreciation.
18 (j) The department may competitively procure any
19 contract when it deems it is in the best interest of the state
20 to do so. The requirements described in paragraph (a) do not,
21 and may not be construed to, limit in any way the department's
22 ability to competitively procure any contract it executes, and
23 the absence of any or all of the criteria described in
24 paragraph (a) may not be used as the basis for an
25 administrative or judicial protest of the department's
26 determination to conduct competition, make an award, or
27 execute any contract.
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29 (Redesignate subsequent sections.)
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 3, through page 3, line 11, delete
4 those lines
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6 and insert:
7 the Department of Children and Family Services
8 and the Department of Juvenile Justice;
9 amending s. 20.19, F.S.; providing additional
10 duties for the department's Office of Standards
11 and Evaluation with respect to measuring
12 standards of performance and to reports due to
13 the Legislature; providing duties of program
14 offices; requiring an evaluation and a report
15 from the Assistant Secretary for
16 Administration; revising requirements for the
17 department in procuring contracts for client
18 services and in establishing standards for the
19 delivery of those services; requiring the
20 department to procure certain services
21 competitively; authorizing deferral of the
22 competitive contracting process under certain
23 circumstances; limiting the duration of such
24 deferrals; authorizing the department to adopt
25 rules relating to an alternative competitive
26 procurement process; providing intent that the
27 department enter multi-year contracts;
28 providing for procuring services from multiple
29 sources; requiring that the department adopt
30 rules for imposing penalties against a provider
31 that fails to comply with a requirement for
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1 corrective action; requiring notice; requiring
2 that the department develop, and incorporate
3 into the department's Employee Handbook,
4 standards of conduct and a range of
5 disciplinary actions relating to certain staff
6 functions; requiring the department to assure
7 the accountability of each provider of client
8 services; providing duties of the Auditor
9 General and the Office of Program Policy
10 Analysis and Government Accountability;
11 providing for cancellation of contracts under
12 specified circumstances; providing for
13 department liens against certain property
14 constructed or renovated using state funds;
15 authorizing the department to competitively
16 procure any contract under certain
17 circumstances; providing for department
18 contracts to include certain incentives;
19 amending s. 20.316, F.S.; revising requirements
20 for the department in procuring contracts for
21 client services and in establishing standards
22 for the delivery of those services; requiring
23 the department to procure certain services
24 competitively; authorizing deferral of the
25 competitive contracting process under certain
26 circumstances; limiting the duration of such
27 deferrals; authorizing the department to adopt
28 rules relating to an alternative competitive
29 procurement process; providing intent that the
30 department enter multi-year contracts;
31 requiring that the department adopt rules for
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1 imposing penalties against a provider that
2 fails to comply with a requirement for
3 corrective action; requiring notice; providing
4 for cancellation of contracts under specified
5 circumstances; requiring that the department
6 develop, and incorporate into the department's
7 Employee Handbook, standards of conduct and a
8 range of disciplinary actions relating to
9 certain staff functions; requiring the
10 department to assure the accountability of each
11 provider of client services; providing for
12 department liens against certain property
13 constructed or renovated using state funds;
14 authorizing the department to competitively
15 procure any contract under certain
16 circumstances; requiring the Department of
17 Children and Family Services to provide
18 training for staff in negotiating contracts;
19 requiring the Department of Children and Family
20 Services to ensure certain assistance to staff
21 who are negotiating a contract; requiring the
22 Department of Children and Family Services to
23 create contract management units at the
24 district level; providing specifications for
25 these units; specifying the date by which the
26 contract management units must be in operation;
27 requiring an evaluation of contracting
28 functions in the service districts; authorizing
29 the exercise of budget and personnel
30 flexibility; authorizing the Department of
31 Children and Family Services to transfer
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1 specified funds from certain budget entities in
2 order to create certain staff positions;
3 requiring a report; providing an effective
4 date.
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6 WHEREAS, it is the intent of the Legislature that the
7 Department of Children and Family Services and the Department
8 of Juvenile Justice achieve and maintain accountability from
9 all providers of client services in order to assure a high
10 level of quality and effectiveness of those services, and
11 WHEREAS, it is further the intent of the Legislature
12 that the Office of Standards and Evaluation of the Department
13 of Children and Family Services, in conjunction with the
14 program offices at the headquarters of that department, play a
15 central role in assuring that this accountability is achieved
16 and maintained, NOW, THEREFORE,
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